Binding clauses for the Internal Regulations of Companies in 2023

The internal rules are fundamental to the working relationship established between employer and employee, alongside the individual employment contract and the collective labour agreement. Unlike the two last contracts, which are negotiated between the parties, the internal rules are a unilateral act of the employer, which sets out the essential clauses on which he will base certain decisions, such as disciplinary sanctions.

Within 60 days of acquiring legal personality, employers must draw up internal rules.

The internal rules must be respected by all employees and by the employer. This document can be a particularly useful tool in unpleasant situations where companies have conflicts with employees, but only if the document is properly and completely drafted and complies with the essential conditions established by current legislation. Thus, according to the Labour Code, internal rules are drawn up by the employer, in consultation with the trade union or employee representatives, as appropriate, and must contain at least the following categories of provisions:

• rules on protection, hygiene and safety at work in the entity;
• rules regarding the principle of non-discrimination and the elimination of any form of violation of dignity;
• the rights and obligations of both the employer and employees;
• the procedure for the amicable settlement of individual labour disputes, requests or individual complaints by employees;
• specific rules on work discipline in the establishment;
• disciplinary misconduct and applicable sanctions;
• rules on disciplinary procedure;
• the application of other specific legal or contractual provisions;
• criteria and procedures for the professional evaluation of employees.
• rules on notice/ warnings;
• information on the general training policy for employees, if any.

In addition to detailing the mandatory information required by law, the internal rules must be drafted according to the company's individual business strategy so that the rules of labour discipline are really concrete and applicable to certain employees. For example, if an employer chooses to copy a regulation belonging to another company with a different or even similar business purpose, but with a different organisational and departmental structure, it is very likely that the rights, obligations and responsibilities of employees will not correspond to their actual situation. In such a situation, the employer will not be able to invoke the provisions of the internal regulation because the organisation of its employees does not correspond to the pattern of activities described in the "borrowed" regulation.